PROGRESS REPORT FOR FEBRUARY 8, 2010
1. Legal cases
I have three legal cases active at present. You are aware of the case against Homeland Security et al. The civil complaint has been mailed to the U. S. District Court in Manhattan. A criminal complaint has been mailed to the JURY ADMINISTRATION OFFICE NEW YORK COUNTY SUPREME COURT, DA OFFICE OF SPECIAL PROSECUTOR, and CIVILIAN COMPLAINT REVIEW BOARD COMPLAINT UNIT for consideration by a NY Grand Jury. One of my legal advocates has agreed to write the criminal complaint to be submitted for consideration by a U. S. Grand Jury.
from an email sent out to supporters
Hi Tyranny Fighters:
We now are getting organized. The following organizational help has materialized:
- Four photographers have taken videos of the FIJA demonstrations. Two of them I do not know. One photographer has provided the critical video of October 26, 2009, when I was charged with forcibly resisting arrest. Antonio Musumeci, a photographer who received a citation, has agreed to be a co-plaintiff on the civil case.
- I have two legal advocates that help prepare legal briefs.
- One of you has agreed to be my webmaster. Stuff will appear on my web page shortly.
- One of you has offered to write an article about the arrests for publication in a mainstream magazine.
- At least 3 of you are regularly providing publicity. These are Garry Reed, Mike Benoit, and Antonio Musumeci. There are others also, but I am unaware of names or details.
- Iloilo Jones of FIJA has been very helpful and supportive.
- Some of you are forwarding my e-mails to your e-mail lists.
- One of you makes my signs.
- Staples has been very helpful in copying, binding and delivery of manuscripts.
Future activities include two speeches that I will give: on March 13 at the NJ Libertarian Party Convention at Rutgers; and on May 8, I will deliver the sermon at Congregation Beth Shalom in Teaneck. NJ. When the weather gets warmer (March or April), I will return to the Monday appearances at the U. S. District Courthouse in Manhattan.
Court cases: Today the civil complaint against Homeland Security and others went to Staples for copying and binding. It will be mailed to the court on Wednesday hopefully (or Thursday). Next will be the criminal complaint to the grand Jury of New York County (Manhattan). The criminal complaint is nearly in final form and should be submitted the first week in February. Copies of these complaints will be posted on my web page.
In regard to the Homeland Security action, both Musumeci and I were summoned to magistrate court for January 19. I notified the court that I would not appear or pay the fines. Musumeci appeared with a lawyer from the NY Civil Liberties Union, which has agreed to represent him. However Officer Barnes, who wrote the citations did not appear. The cases should have been dismissed, because the citing officer did not appear. However, the magistrate postponed the hearing for a month. I assure you that if Barnes had appeared, but we did not, judgment would have been rendered against us. That is what equal justice means in the U.S.
Right now what I need from the rest of you is publicity, publicity, publicity. Notify your e-mail lists and write letters-to-the editor. Also ask others to join us. At the moment we have over 100 people on this e-mail list, but we will need 1000 in order to spread the actions accordingly. I expect to go to the District Courthouse in Newark, NJ, as well as in Manhattan, in the spring.
Warning: You should know that The Federal Protective Service is intercepting my e-mails. Another violation of our civil liberties.
THE PRICE OF FREEDOM IS ETERNAL VIGILANCE
THE PRICE OF JUSTICE IS ETERNAL PUBLICITY
Yours in Freedom —Julian
learn more at http://blogofbile.com/tag/julian-heicklen/?order=ASC
I arrived at he U. S. District Court for the Southern District of New York, 500 Pearl Street in Manhattan at 11:45 am on Monday, November 23, 2009. The weather was cold and windy. I stood in the middle of the plaza in front of the courthouse.
I passed out 10 of the FIJA pamphlet entitled “True or False: Factual Information about Jury Service” along with my flyer (see below). At 12:10 pm three Homeland Security police officers approached me. I asked them to identify themselves, but they did not. Instead they asked me who I was. I responded that I did not have to identify myself, but that they did. One of them grabbed my arm and placed me under arrest. I fell to the ground and lay still on the cold ground for about 1/2 hour and said nothing. I was not handcuffed.
The police confiscated my ‘JURY INFO” sign and my pen, but not my remaining pamphlets. I was not issued a property receipt or a citation.
While on the ground, some individuals were taking pictures of me. They were informed by the police that they could not take pictures on federal property, but at least one of them continued. I do not know what happened to them. I overheard one of the police officers say that he saw my web site and himself on youtube.
Medics from the fire department arrived. They asked me questions, but I did not respond. They pounded on my chest and shoulders to try to get me to respond, but to no avail. Then they searched me for identification, which I do not carry. While doing this they put a 3-inch rip in my pants.
Soon an ambulance arrived, I was lifted onto a gurney, and placed in the ambulance. The ambulance attendants also punched me in the chest and shoulders to get me to talk, which did not work. They also gave me a medical exam.
I arrived at New York Downtown Hospital and was treated by 4 nurses, who stripped me naked and gave me the most thorough medical exam of my life. This included two intravenous injection, blood withdrawal, an electrocardiogram, stethoscope, blood pressure, pulse, eyes, and temperature. I was found to be in excellent health. However they did not give me a colorectal exam. Fortunately, my urologist had done that on November 11, 2009.
The nurses called two people listed in my cell phone to identify me, but they refused to identify me or themselves, as I had instructed them. Finally Dr. Cho came to see me at about 2:15 pm. I asked her if I was still under arrest. She said no and did not know why I asked. The hospital was told that the police found a man lying unconscious in the street. I talked to her, which greatly relieved everyone else. She tried to learn my identity, but I would not give it to her. I asked to be released, and she agreed.
The hospital wanted my name, address, and medical insurance information. I refused to give any information. I was released at 2:35 pm and signed the release form “John Galt.”
I was unable to make it today to record the event. I’m not sure if anyone else did but should it surface I will post it.
- (08/03/2009 04:02:31 PM) JDTalley: We’re in the no man’s land between Detroit and Windsor, Canada… on accident. Wrong turns suck.
- (08/03/2009 04:03:36 PM) JDTalley: Canadian border guards are tossing our motorhome again. I just cleaned it.
- (08/03/2009 05:49:25 PM) JDTalley: Now we are getting hassled by U.S. Border Guards in Detroit. #MHD
- (08/03/2009 05:50:45 PM) JDTalley: U.S. Border Guard told @peteeyre to stop recording or his camera would be confiscated.
- (08/03/2009 05:52:45 PM) JDTalley: Reinforcements have been called. Homeland Security vehicle is now blocking MARV.
- (08/03/2009 05:55:46 PM) JDTalley: We will now be escorted into a new holding area. This time it’s the U.S. government.
- (08/03/2009 06:18:50 PM) JDTalley: #MHD 3 released from the custody of U.S. & Canadian crossing guards. @ryanmaddox89 is my hero.
The Obama administration is making a last-minute effort to fix the controversial Real ID Act before the program’s deadline is reached in December. Changes to the measure, which will be introduced soon in Congress, could add additional privacy safeguards and remove some of the program’s most costly requirements.
The Real ID Act, which was passed as a rider on a 2005 military spending bill, aims to create a standardized national ID card and a system of interconnected state identity databases that would be fully accessible by the federal government. The law requires state ID cards to have a machine-readable mechanism that can be used to electronically extract information about the card-holder. The cards would be required in order to gain access to federal buildings and security-sensitive locations, such as airports.
Real ID has faced intense criticism from privacy advocates and state governments. The implementation costs are far exceeding Congressional estimates and states are facing enormous technical challenges as they attempt to boost the interoperability of their legacy identity database systems in order to meet the law’s requirements. Not a single state was able to implement the program by the original May 2008 deadline, forcing the government to extend the deadline to the end of 2009.
The new deadline is approaching swiftly and the vast majority of states are still not on track. Homeland Security Secretary Janet Napolitano, the former governor of Arizona and a vocal critic of Real ID, is said to be drafting a new proposal that will scale back the law’s requirements so that it can be reasonably accomplished by states within the allotted time.
The Washington Post reports that the new proposal, which is called Pass ID, could boost the program’s privacy safeguards and eliminate the costly national database requirements. The law would still require the identity cards to include a machine-readable mechanism. According to the Post, the Obama administration has been in talks with the National Governors Association for months in an effort to devise a reasonable compromise.
The Republican leadership in Congress, however, is voicing preemptive opposition to the changes. Rep. F. James Sensenbrenner (R-WI), one of the original authors of the Real ID Act, criticized the governors who are struggling to implement the program and argued against weakening the law.
“[If Real ID is weakened] we go right back to where we were on Sept. 10, 2001,” Sensenbrenner told the Post. “Maybe governors should have been in the Capitol when we knew a plane was on its way to Washington wanting to kill a few thousand more people.”
As no state has been able to implement the Real ID Act, the condition of identity validation in the United States is arguably already exactly the same today as it was roughly ten years ago, so the soundness of Sensenbrenner’s criticism is questionable. Shrill invocations of 9/11 aside, the database plan was flawed to begin with and its demise marks a significant improvement.
I won’t pick up a Pass ID either should that gets passed. You can’t fix something that is fundamentally broken and illegitimate.